23-04-26 Việt Quang
Law No. 131/2025/QH15, effective from 1 April 2026, introduces a comprehensive new regime on the liability of digital platforms, the exploitation of AI training data, content takedown mechanisms, and enhanced statutory damages – directly affecting every enterprise holding intellectual property (IP) assets or operating online platforms.
On 10 December 2025, the National Assembly of Vietnam passed Law No. 131/2025/QH15 amending and supplementing a number of articles of the Law on Intellectual Property. The Law officially takes effect on 1 April 2026 and is widely regarded as a backbone statute for the digital economy in the 2026–2030 period. E-commerce operators, marketplace providers, AI developers, and holders of trademarks and patents must all update their compliance posture immediately – both to mitigate legal risk and to capture the opportunities of IP “assetisation”.
A guiding theme of this amendment is the shift in legislative mindset: IP rights are no longer viewed solely as objects of protection but as assets that can be commercialised. The Law adds provisions to encourage and support rights holders in the commercial exploitation of patents, trademarks, industrial designs, plant varieties, and copyright. It also refines the legal framework for capital contribution, mortgage, assignment, and licensing of IP assets. At the same time, many establishment procedures have been streamlined and processing timelines shortened, providing significant benefits to innovative enterprises and technology start-ups.
One of the most notable changes is the statutory codification of the liability of intermediary service providers and digital platform operators. These entities are now required to proactively deploy technical and administrative measures to detect and prevent IP infringement on their platforms, and to cooperate closely with regulators and rights holders. The Law also introduces a content takedown mechanism: upon a valid request, the platform must remove, hide, or disable access to information, content, accounts, websites, or applications involved in infringing activities. This moves Vietnam closer to international practice (DMCA, DSA) and will reshape the operating procedures of e-commerce marketplaces, social networks, and cloud storage services active in Vietnam.
The amendment establishes foundational principles governing the relationship between artificial intelligence (AI) and IP rights: AI is not a rights holder; protection of outputs (if any) depends on the substantive creative role of humans and the degree of human intervention and control over the outputs. For the first time, the Law expressly allows the exploitation of lawfully disclosed data for research, testing, and AI system training, provided that such use does not unreasonably prejudice the rights and legitimate interests of authors and rights holders. This provision opens a compliance corridor for the domestic AI industry while imposing transparency and scope-of-rights obligations on model developers.
To strengthen deterrence and reflect the realities of harm in the digital environment, the Law raises the statutory damages ceiling and adds new civil remedies to address infringement. Together with the takedown mechanism, rights holders gain a broader toolkit to demand the cessation of infringing conduct, recover losses, and protect brand value. Enterprises with strong trademarks, trade secrets, software, or digital content are direct beneficiaries.
The impact of Law No. 131/2025/QH15 will be felt across many sectors. E-commerce operators, online marketplaces, and social networks must implement robust legal-technical procedures with clear processing timelines to manage gatekeeping obligations and takedown requests, and to avoid secondary liability. Technology companies – particularly those developing or integrating AI – should review their training data sources, data licences, and copyright compliance policies to ensure alignment with the new exploitation conditions. Conversely, manufacturers, FMCG, pharmaceutical, and export-oriented businesses will benefit significantly from streamlined trademark and patent filings and higher statutory damages.
To prepare for the 1 April 2026 effective date, enterprises should prioritise the following actions:
MT & Partners Law Firm, with a team of experienced lawyers in intellectual property, corporate, and technology law, is ready to support clients in reviewing IP assets, building compliance programmes for Law No. 131/2025/QH15, and representing clients in protecting their rights before state authorities and courts. Please contact our hotline +84 987 140 772 or email info@mtpartners.vn for advice.
(*) This article is for reference only and does not replace specific legal advice.
Keywords: Amended IP Law 2025, Law 131/2025/QH15, Vietnam IP law effective 1 April 2026, digital platform liability, Vietnam takedown notice, AI and copyright, AI training data, IP Law amendment, e-commerce marketplace obligations, trademark protection 2026, IP assetisation, IP advisory, MT & Partners Law Firm, IP lawyer.
4
Tiếng Việt
English
中文